IN RE: AMENDMENT TO RULE REGULATING THE FLORIDA BAR 3-5.2
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The Florida Supreme Court adopted an amendment to Rule Regulating The Florida Bar 3-5.2 that allows the Court to issue emergency suspension orders for attorneys charged with a felony by indictment or information in state or federal court, when the felony charge alleges conduct reflecting adversely on the attorney's fitness to practice law.
The Court adopted the amendment to Rule 3-5.2(a)(1) with a modification clarifying that a felony charge by indictment or information in state or federal court may constitute clear and convincing evidence that an attorney's continued practice would cause great public harm, provided the charge alleges conduct reflecting adversely on the attorney's fitness to practice law.
[1] A lawyer may be suspended on an emergency basis if the facts alleged in supporting affidavits, if unrebutted, clearly and convincingly show the lawyer appears to be causi…
[2] A felony charge against a lawyer, alleging conduct reflecting adversely on fitness to practice law, may constitute clear and convincing evidence of great public harm just…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The fact that a lawyer has been charged with a felony by an indictment or information in state or federal court may, for the purposes of this rule, constitute clear and convincing evidence that the lawyer's continued practice of law would cause great public harm when such felony charge alleges conduct reflecting adversely on the lawyer's fitness to practice law.”
Establishes the core amendment allowing felony charges to support emergency suspension based on the standard of clear and convincing evidence of great public harm.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Florida Supreme Court previously requested that The Florida Bar consider proposing amendments to allow temporary suspension orders for attorneys c…
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PER CURIAM.
The Court, on its own motion, is considering an amendment to Rule Regulating The Florida Bar 3-5.2 (Emergency Suspension and Interim Probation or Interim Placement on the Inactive List for Incapacity Not Related to Misconduct). 1 Previously, this Court asked the Bar to consider proposing amendments to Bar Rule 3-5.2 to allow temporary suspension orders to be issued in cases where an attorney has been charged with a felony by indictment or information in state or federal court.
The Bar prepared a proposal responsive to the Court’s letter, but after reviewing the Bar’s petition, we declined to amend Bar Rule 3-1.
We have jurisdiction.
See art. V, § 15, Fla. Const.; R. Regulating Fla. Bar 1-12.1. 5.2 at that time.
We later proposed an alternative amendment to the rule, which we published for comment in the February 2023 edition of The Florida Bar News.
Comments were received from the Bar, the Florida Public Defender Association, and the Florida Association of Criminal Defense Lawyers.
Having considered the sua sponte proposal and the comments received, we hereby adopt the amendment with one modification.
Bar Rule 3-5.2(a)(1) currently states that on petition from the Bar, and as supported by one or more affidavits, this Court may suspend a lawyer on an emergency basis when the facts alleged in the affidavit(s), if unrebutted, show clearly and convincingly that the lawyer appears to be causing great public harm.
This Court proposed adding a sentence stating that a felony charge alleging conduct reflecting adversely on the lawyer’s fitness to practice law can constitute clear and convincing evidence that the lawyer’s continued practice of law would cause great public harm.
In consideration of the comments received following publication, we modify this new sentence to clarify that the felony charge underlying the suspension must be “by an indictment or information in state or federal court.” -2-Accordingly, we amend the Rules Regulating The Florida Bar as reflected in the appendix to this opinion.
New language is indicated by underscoring.
The amendment shall become effective October 30, 2023, at 12:01 a.m.
It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THIS AMENDMENT.